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08-855 - Phar-Mor, Inc. v. McKesson Corporation

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08-855 - Phar-Mor, Inc. v. McKesson Corporation
December 31, 2008
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MEMORANDUM OPINION AND ORDER. Court finds Phar-Mor's interpretation of "financial condition" to be improperly narrow and unsupported by the plain language of the Amended Agreement and Phar-Mor's own behavior. Furthermore, Court finds Phar-Mor did suffer a material adverse change in its financial condition, and thus the Record sufficiently supports judgment for McKesson as a matter of law on Phar-Mor's breach of contract claim. The Bankruptcy Court Order granting summary judgment to McKesson is affirmed. Judge Jack Zouhary on 12/31/08. (S,Na)